Terms and Conditions

ATTENTION
Before using this site, please read all the terms and conditions carefully. By accessing and using this website you are bound by the terms and conditions and if you do not agree to all of these, you must not use this website. These terms and conditions apply to your use of the website and are not altered by any other terms or agreements that you may have with VisitBritain. Visitbritainimages.com is a website which is operated by Capture Ltd. "We/Us" means VisitBritain (incorporated as British Tourist Authority) and Capture. "You" means the person or entity allowed registered access to www.visitbritainimages.com and the Assets herein.

Ownership of Website

1. This website is owned by VisitBritain and operated by Capture. All of the content displayed or featured on the site, including, but not limited to, text, graphics, photographs, data, moving images, illustrations and software is owned by VisitBritain, its licensors or its content providers.

2. All elements of the site are protected by copyright, trade marking, moral rights and other laws relating to intellectual property rights. No part of this site, unless permitted within another agreement with VisitBritain, may be copied or retransmitted by any means.

Registration and Data

1. By registering on this site, and agreeing to the terms and conditions, you agree to provide accurate and current information, that you have the authority to agree on behalf of your organisation and that you will keep all information up to date. You accept all responsibility for all activity under your registration and account.

2. Any information that you supply will be kept on a database for purposes as registered under the Data Protection Act 1998.

Use of the Website

1. You may only use Assets from this website once you have completed a full registration and agreed to the non-commercial tourism related terms of use. Any other use of the Assets, or content of this website, is strictly forbidden.

2. You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any Asset is not obscene, indecent, libellous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any Asset and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any Assets supplied to you.

3. We reserve the right to terminate your registration if you (a) die; (b) enter into a voluntary or compulsory liquidation; (c) have a receiver appointed; or (d) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, any further exploitation of any Asset shall constitute an infringement of copyright.

Disclaimer

1. This website and its contents are provided 'as is' and VisitBritain excludes to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. No functions within this website are warranted to be without error or always available.

2. VisitBritain uses all reasonable efforts to ensure that all the website contents are as accurate, correct and reliable as possible but we make no representations and give no warranties as to the contents' accuracy, correctness and reliability.

Miscellaneous

1. You agree to defend, indemnify and hold VisitBritain and Capture, their subsidiaries and affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable legal fees and costs), arising out of or as a result of claims by third parties relating to your use of the website outside the scope of these Terms and Conditions or any other breach of them.

2. These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement where it will be non-exclusive.

Asset User Agreement

"We/Us" means VisitBritain (incorporated as British Tourist Authority) and Capture Ltd. "You" means the person or entity allowed registered access to www.visitbritainimages.com and the Assets herein.

These terms and conditions apply to all users of this site and those handling any Assets obtained from this site. These terms supersede any terms and conditions of purchase you may have.

NO VARIATION OF THESE TERMS OR CONDITIONS SHALL BE EFFECTIVE UNLESS AGREED IN WRITING.

"Asset" means any digital item (Image, Footage clip or Design file) which may be offered for the purposes of reproduction or publication.

Supply of Assets

1. By registering and using a login and password to access and download Assets on this site You are entering into a binding agreement between You and Us. If You are a freelance researcher working on behalf of a publisher this agreement applies to You and your principal. If You do not wish to be bound by this agreement please e-mail Us to that effect within 24 hours and We shall delete your username and password so that you cannot access the database. Downloading of any material using your username and password will be deemed acceptance of these terms and conditions.

2. All Assets and information provided on this site are the property and copyright of VisitBritain or our suppliers. The moral rights of VisitBritain and all authors of the works represented on this site have been asserted. You must credit VisitBritain and the author if specified by us when an asset is used. If you fail to credit the assets a licence fee will be payable.

3. You may NOT use watermarked Assets in any final products for distribution in printed or electronic format either inside or outside your company without prior written permission from us. You may not modify or remove any visible or invisible electronic watermark. You may not redistribute or sublicense any Asset supplied by us or downloaded from this site.

4. If you wish to benefit from the use of lightboxes and download unwatermarked Assets for layout and/or reproduction or publication purposes you must provide accurate information during our registration process. Your registration is personal to you and you are responsible for protecting the confidentiality of your Login and Password details. You may not allow others to use your login and password to access this site and you agree to take all reasonable steps to prevent unauthorised access. You will be held responsible for any infringement arising from downloads of material from this site by third parties using your login details with or without your permission. Upon completion of our registration process you may use copies of the Assets on this site subject to these terms and conditions.

5. You must adhere to any stipulations or restrictions which are detailed in preview captions or may be attached to downloaded Assets (in the IPTC information fields, readable using Adobe Photoshop's "File Info" and other types of software). These may include such warnings as "Editorial Use Only". In such a case the use of the Assets for a non-Editorial purpose (e.g. advertising) is not permitted and by accepting our terms you undertake to indemnify us and our suppliers against any legal action or other costs which may result from such unauthorised use.

Use of Assets

6. The reproduction by whatever means of the whole or any part of any Asset (including, without limitation, projection, artist's reference, artist's illustration, layout or presentation of Assets) is strictly forbidden for any commercial or non-tourism related purpose.

7. In the event that you utilize any Asset in a commercial or non-tourism related way that is not allowed by these terms and conditions, we reserve the right to seek damages through legal channels unless you agree to reimburse us, as liquidated damages, a sum equal to five (5) times the market value price charged under normal stock photography rates as charged on www.gettyimages.com/britainonview.

If You fail to make the payment as outlined above, within five (5) days of us invoicing such fee, this liquidated damage provision shall be void and we reserve the right to sue for copyright infringement, including legal fees and all associated costs.

 

8. You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction of the Assets are obtained and that the use of any Asset is not obscene, indecent, libellous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any Asset and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any Assets supplied to you.

9. Reproduction rights unless otherwise agreed in writing are:

a) subject to these terms and conditions and any other terms and conditions set out in the delivery of the Assets.

b) non-exclusive reproduction or publication rights for up to 24 months only. You must provide accurate usage information when requested. Further usage beyond 24 months will require you to repeat the order process. Failure to do so will incur a licence fee as charged on www.gettyimages.com/britainonview.

c) personal to You and not assignable by You to any third party.

10. If we agree that you may license the use of any Assets to any third party, you shall enter into an agreement with such third party to ensure that they are bound by licence terms restricting printing, copying, networking, multiple access or other use of the Assets to personal use only, forbidding the assignment, resale, rental and lending of the Assets and ensuring that credit is given to us and the author.

11. Only 30 Assets are permitted on a single order and no more than 120 Assets may be downloaded in one month unless otherwise agreed in writing by VisitBritain.

12. Assets shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.

13. You must provide Us on reproduction or publication with at least one complimentary copy or link to any publication in which the reproduction of any Asset appears.

14. For any editorial uses, you may not reproduce any Assets from this site for any negative tourism related articles. This is at our discretion and in this event, we reserve the right to revoke your user registration or charge a licence fee as charged on www.gettyimages.com/britainonview.

15. If any Asset featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, you must accompany each such use with a conspicuous statement that indicates that the person is a model and the Asset is being used for illustrative purposes only.

These requirements are without prejudice to your obligations regarding use of the Assets contained elsewhere throughout this Agreement.

Digital Use of Assets

16. You acknowledge that Assets are VisitBritain's valuable property, as are any digital images created from the Assets ("Digital Assets ").

17. You may not create, store or transmit Digital Assets without our permission except so far as is incidentally and wholly necessary to the process of producing items licensed by us. If permission is granted the following conditions apply:

18. Each Digital Asset created by You shall not be renamed and must be recorded and labelled with the Asset reference number used by Us and our copyright credit information as an integral part of the Asset file, and held on an electronic database under your sole possession and control.

19. Assets are available in various file sizes. However VisitBritain cannot guarantee that an Asset will be available in a size required for your usage. Non standard sizes may be supplied on request for a fee.

20. You agree to destroy all Digital Assets including any pre-press or pre-production copies of the Assets and any copies or records of the images held on a database within 90 days of the date of receipt of the Assets or completion of the maximum usage period of 1 year, whichever is later.

Miscellaneous

21. While we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction or publication of any Assets or its caption.

22. Any registration will terminate immediately if you (a) die; (b) enter into a voluntary or compulsory liquidation; (c) have a receiver appointed; or (d) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Assets shall constitute an infringement of copyright.

23. Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any Assets shall vest in Us and You hereby assign all such rights to us.

24. Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.

25. Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the British Photographers' Liaison Committee.

Liaison Committee

26. These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive.

© Copyright VisitBritain 2014 (incorporated as British Tourist Authority)